Suggested Title: Car accident lawsuit: What to expect? Suggested Title: The different stages of car accident lawsuits that you need to know about! Suggested Title: Been in a Car accident? Will You Be Able to Navigate through the Lawsuit that follows? Anybody who has been in a car crash knows that the mishap is traumatic both mentally and physically. What ensues is absolute mayhem as the police try to understand the cause of the crash and the insurance companies and lawyers get busy playing the blame game. In the midst of this chaos, the needs of the injured are often neglected. So, the very first thing that you need to do after an accident is seek immediate medical as well as legal help. Brace yourself for what is to come! It is imperative …show more content…
Finally, do not sign any papers or statements prepared by the other driver or his insurance company, unless you consult an attorney. If you do choose to go through with the lawsuit, this is what you can expect. Step 1: Your attorney will no doubt ask you to refrain from discussing your case with anybody and it would be best to heed his/her advice in the matter. Step 2: The initial court papers known as "pleadings" will be filed in the case. This is a complaint that identifies the plaintiff and the defendant and clarifies the basis for initiating the legal proceedings. This petition will also include your demand for judgment which outlines the monetary damages you seek. In response to this complaint, the court issues summons which asks the defendant to respond to the …show more content…
In the written discovery, both sides are allowed to seek answers and admission of guilt from each other. Eventually, documents are produced and sworn statements are obtained. Step 4: Motions are filed next in which lawyers from both sides are given the opportunity to ask the court to rule on certain aspects of the case that may impact the outcome of the trial. These motions not only provide many answers, but also may lead to the termination of the case even before it goes to trial. Step 5: At this stage, a settlement is offered in the vast majority of car accident cases. Although money comes quickly through a settlement offer, it may not always be in your best interest to accept it. An able attorney will be able to advice you on your chances of getting a higher offer and/or winning if the matter goes to trial. Step 6: The matter goes to trial if the settlement offer is not accepted. The trial starts with the selection of the jury and is followed by the opening statements made by attorneys from both sides, presentation of facts, witness examination and cross-examination and closing arguments. The jury deliberates on the evidence presented and rules either in favor of the defendant or the
Their testimony has shown that my client has suffered extensive physical and mental injuries as a result of this accident. The auto accident expert also presented testimony which supports the plaintiff’s claim that had Mr. Jamerson not been illegally driving a commercial tractor in the far left lane on the Howard Franklin Bridge, the accident could have been avoided, or at least made a much smaller impact than the accident my client was involved in. The various testimony presented by the experts has shown that my client is in no way at fault for her injuries, and that she has and will continue to suffer permanent injury as a result of both defendant’s
Various steps exist at the state level when filing suit against an organization. First Shirley Kovalchick filed a complaint for workers compensation benefits against South Baldwin Hospital after suffering a heart attack. The hospital must file an answer in response to the complaint. In the answer filed by the hospital, they categorically denied the claims posed by Shirley Kovalchick and asked the judge for a summary judgment, which ended the legal action without a trial. A summary judgment can be granted when the court determines that no dispute of issue or material fact exists (Cheeseman, 2013, p. 47). The next step in this case is to file an appeal where the higher courts determined that the lower courts should have reviewed the evidence prior to granting the summary judgment. The higher courts referred the case back to the lower courts for trail. The next step in the state court system is the discovery process. During this process both Kovalchick and South Baldwin Hospital will participate in the process to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many tools ...
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
The stages of trial in the criminal justice system are not always as it is depicted in movies or television shows. According to the entertainment industry, there are two sides: good versus evil, and the story usually ends with an epic, jaw-dropping conclusion that finds the defendant guilty as in A Few Good Men. While that may be the case during some trials, the true beauty lies within the strategy of the prosecution and the defense. In fact, there is a distinct art that occurs at trial that takes a tremendous amount of preparation and knowledge to gain the upper hand. It is almost like a game of chess; each move most be well calculated and thought out because it can determine the outcome of the entire case. It is a mental battle between opposing counsels, where the one with the ability to think ahead often wins.
Next, comes prosecution of the defendant by the state attorney, then incitement, the filing of information by prosecution to decide whether to proceed to trial. Followed by arraignment, which is the plea of guilty or not guilty, pretrial detention, plea bargaining, trial, and sentencing (Process of Criminal Justice). For O. J. Simpson, this process started with the investigation of the murders of Nicole Brown Simpson and Ronald Goldman. The same day the bodies were discovered, Simpson flew back from Chicago to Los Angeles. Upon his arrival, authorities took him into custody and began their questioning.
Hit-and-run accidents are first and foremost a criminal case that is handled by law enforcement and criminal courts. However, this may also be a case of wrongful death, which can lead to civil court as a personal injury
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
Both the defense attorney and the prosecuting attorney have an opportunity to make opening statements, introduce witnesses and evidence in favor of their case, cross-examine witnesses and offer closing arguments. During the deliberation phase of the case, the jury decides whether the prosecution has met the burden of proving guilt beyond a reasonable doubt. If the jury finds joe not guilty, you are free to go and not subject to further prosecution based on the same offenses.
6-9. When the litigants settle their case by compromise, let the magistrate announce it. If they do not compromise, let them state each his own side of the case, in the comitium of the forum before noon. Afterwards let them talk it out together, while both are present. After noon, in case either party has failed to appear, let the magistrate pronounce judgment in favor of the one who is present. If both are present the trial may last until sunset but no later.
Before entering to court, each party must cooperate with his or her lawyer to build a case to defend and argue their
If an individual decides that they want to take the dispute to court and sue the other, they need to present themselves and evidence before a judge. If the judge decides that the party is responsible for the incident, they must pay money to the other. When examining both systems of justice, there are many similarities and differences in
The Methods of Discovery is when both parties present all the evidence that they have. Both parties have the right to interview all witnesses of all the ...
Both parties present their cases before a judge who moderates and a jury of people with no legal training decides on the facts of the case. The judge evaluates the evidence, the jury decisions on the facts and applies the appropriate law to it, then provides a judgement in favour of one of the parties. After the decision, if one of the parties believes it was unfair, he may appeal it to a higher court, in such appeal; courts may only review findings of law, not the facts.
Knowing how to drive a car myself, I can’t expect an accident to occur. It just happens without your knowledge and sometimes without your fault too. It’s better to take precautions just in case such a thing happens. This will surely help you financially for the repairs of the vehicle.
Regretfully, with no legislation in India to protect the person providing first aid, the biggest hurdle is fear of liability. As is evident, victims of road accidents are left to their destiny as the first aid worker dare not touch the victim. First aid or alternatively emergency care as it is called, is the instant help given to a sick or injured to ease off the pain or prevent the condition from worsening until a proper medical treatment is made available. It is that crucial initial action, which can prove to reduce serious injury and help improve the chances of